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Good evening Regarding my deceased husbands (deceased 1/2011)stepmothers…

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Good evening Regarding my deceased husbands...
Good evening
Regarding my deceased husbands (deceased 1/2011)stepmothers estate (Decd 7/2014 QLD) will. The said will has contradictory clauses... Whereby my decd husbands intended heritence passes on to our daughter...not the case due to"contrary intention". There is ambiguity in another clause which mentions words to the effect of my children and husbands children and if any of these children predecease me then children's share is passed onto children's children?
Q:General rule of will - estate passed onto biological children. Does this include adopted children as they are willmakers children? If so how would this effect estate?
Q:have only just found out that there is a 9mth timeframe to lodge a claim. Now outside that time by 1-2 mths . Even my solicitor didn't mention it to meIs it easy to have approved"application for out of time"?
Need to lodge rectification of will -out of time.
Step sister's solicitor lodging rectification of will (not in favour of my daughter) even though step sister and sister in law want my daughter to get her late fathers share. There is a step brother (and not so nice) who is blocking everything as he feels my daughter isn't entitled to a thing!
Q: can we sue will makers solicitor for writing a misleading and ambiguous will?
This is a very messy situation and I hope that you can try and understand my Q's.
Thanking you kindly
Sue
Submitted: 3 years ago.Category: Australia Law
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Answered in 12 minutes by:
6/28/2015
Solicitor: Patrick H., Lawyer replied 3 years ago
Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
Verified
If you have a copy of the will, please scan and send as without sighting the exact wording of the will it is hard to assess its meaning and I cannot reliably do so based on your description.If there is an adopted child involved, who is the adopted child relative to your stepmother?Has probate been granted or the will been distributed?
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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